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Sale, Musio Federico. "Le transport durable : étude de la législation européenne et internationale". Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D066/document.
Pełny tekst źródłaSustainable transport is a major contemporary issue. Human health may be threatened by a superficial management of this problem that would undermine a most needed fight against pollution, especially when this phenomenon is in direct contact with the population. Using the prism of law, with the analysis of international, European and regional legislations on sustainable transport, this research aims at identifying the main problems, sorting the best solutions and proposing functional alternatives to reconcile mobility with sustainability. The EURO standard, the Worldwide Harmonized Light Vehicle Test Procedure, the multi-modality, the intelligent vehicle and the sustainable marketing strategy are examples of the various measures taken to remedy the problem of pollution. Territorial sovereignty is still one of the major factors hindering a full implementation of all sustainable development policies embodied in international treaties and making them truly binding on the signatory States. Law is the ideal instrument to align economic and social development with environmental protection, but a widespread awareness of the importance of the environment, and in particular the role played by transport, is essential to achieve this objective. The urgency given by the deterioration of the environment demands world governments to take actions as fast and brave as possible
Morariu, Cristina. "Adaptation de la législation roumaine à l'acquis communautaire : aspects relatifs à l'acquis des relations extérieures". Bordeaux 4, 2007. http://www.theses.fr/2007BOR40026.
Pełny tekst źródłaThe adoption of the acquis by the candidate countries was intented to impede the possible disturbing consequences of the new member states accession on the functioning of the Union during the successive waves of enlargment. This preoccupation is nowadays even more categorical within the fifth wave of enlargment, concerning states that had a history and level of development which could threaten several decades of EU integration policy. The analysis on the aspects concerning the technique of the adaptation process of romanian legislation to the acquis communautaire raises the main difficulties of organisation and functioning as well as the modalities to gradually surmount them. The strategy used by Romania is subject to criticism as to its efficiency and legitimacy as well as to uncertainty on the medium term results
Bortoluzzi, Chiara. "La sécurité des médicaments. Législation pharmaceutique européenne et indemnisation des risques médicamenteux". Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020025.
Pełny tekst źródłaThe definition and implementation of the European Union’s policies and activities guarantee a very high level of human health protection. One of its most important policies, in accordance with the relative health and economic development issues, is that on medicinal products. Drug safety is guaranteed by a legal framework, constructed on the pharmaceutical legislation laying down rules and procedures for obtaining marketing authorisation and for post authorisation monitoring. This legal framework is supported by a special institutional system,which in particular ensures close interaction between the European Medicines Agency, the European Commission and the national competent authorities. This legal framework has recently been revised as a result of the new pharmacovigilance legislation. As such, health safety has become a key directive in managing pharmaceutical risk. Yet, whenever a risk relating directly to a particular pharmaceutical product becomes apparent, medical damages and compensation claims arise. The response of the national French and Italian legal systems to the application for compensation of the victims of such accidents, by way of the ordinary rules of civil liability and the liability for defective products as defined in Council Directive85/374/EEC, has proven ineffective: they fail to take into account the specific nature ofpharmaceutical products. Based on this observation, there is a sound case for separating liability from compensation: the latter can be guaranteed by setting up a general compensationfund for medical damages, with both public and private sector participation. This solutionwould guarantee a socialisation of risks that is justified by the social nature of therapeutic risk. It would provide a counterbalance to the dangers inherent in scientific innovation, whilst simultaneously allowing patients to benefit from future therapeutic developments. By advocating a holistic approach to drug policy, this proposed compensation fund would act as apublic health policy instrument, in the context of which compensation for medical risks would only be considered an addition to, and extension of, the security guarantee that constitutes the cornerstone of the European pharmaceutical legislation
Simon, Jean-Michel. "L'exercice de la pharmacie d'officine dans la Communauté Économique Européenne". Nantes, 1986. http://www.theses.fr/1986NANT478P.
Pełny tekst źródłaSerrano, Jean-Marc. "Réglementation comparée des thérapies géniques aux Etats-Unis et dans l'Union Européenne". Lille 2, 2001. http://www.theses.fr/2001LIL2P005.
Pełny tekst źródłaGéraci, Buiche Giuseppina. "Vers une réglementation des médicaments pédiatriques en Europe et en France au regard de la législation américaine". Lille 2, 2003. http://www.theses.fr/2003LIL20027.
Pełny tekst źródłaMost medical products prescribed to children have not been submitted to accurate appraisal so far. There is no mention of special information in package inserts or in the identification of drugs as far as children are concerned. Therefore, a doctor has neither adapted guidelines nor pharmaceutical forms of products to be able to prescribe medicines to children. Because of this lack of information, doctors are faced with the responsibility of prescribing a child drugs rather reserved to an adult according to the known characteristics. Any child needs medical treatment. The shortage of pediatric pharmaceutical forms is a European issue that has to be overcome as quickly as possible. A new regulation in favour of pediatric medicines has to be adopted by the European Community, following the example of the US legislation, which has combined obligation and incitement since 1997. A private bill favouring the development of pediatric medical products is under way
Marouazi, Abdelbare. "L'essor du droit européen des transports maritimes et son impact sur les relations Maroc/Union européenne". Nantes, 1998. http://www.theses.fr/1998NANT4017.
Pełny tekst źródłaThe independence of developing country has generated the necessity of a new international economic order. As far as shipping is concerned, the effect of this was the adoption of a conduct regulation of maritime conference. This new convention's contribution is the introduction of a traffic sharing rule. According to the last mentioned, each of the two interested countries by the transportation's operation, hold 40% of the traffic, the remaining share is attribute to foreigner's companies to apply the free- trading principle. In his relation with the countries which are members, Morocco do with the conduct regulation, the juridical basis of his co-operation. This approach, which was dominating between Morocco and countries with are members that we can described as protectionist, has been illustrated by the conclusion of bilateral agreement. The first part of this study is devote to the position of Morocco and his european partner faced with the conduct regulation, just as bilateral agreement, reflection of this co-operation. Two factors driven Morocco to suit his political shipping's transportation on the one hand, the new technological's transformation and organisational in the maritime's transportation sector, which reduced the conduct regulation role. On the other hand, the birth of common policy of the maritime's transportation guided by the free-trading principle has generated the adaptability of the bilateral agreement already conclude. The second part put forward two purposes: the first move on to the new common policy of shipping's transportation just as her effect on Morroccan's policy. The second part explain the new look of maritime's transportation of Moroccan's policy faced with new technological's transformation and organisational in this domain
Mathieu, Benjamin. "Directives européennes et conflits de lois". Electronic Thesis or Diss., Paris 2, 2012. http://www.theses.fr/2012PA020095.
Pełny tekst źródłaEuropean Union law frequently utilizes from techniques elaborated and continuously improved by the conflict of laws science. Secondary law in general, vector of the legal integration of Member states is the source of an increasing number of private international law measures. In particular, European directives leverage the various methods of private international law designed by the respective national laws a long time ago. In these specific norms, conflicts resolution instruments are repositioned to serve the objective of European construction and therefore have their secular purpose redefined. Thus, both the objectives and the origins of rules relative to the conflict of laws are altered in the European context. As two level laws, directives have specific constraints, which can disrupt how private international law mechanisms operate. The present study aims at explaining the influence of the directives on the conflict of laws from the private international law methods standpoint. It tends to show that these texts and methods operate in a reciprocal influence model. The integration of the traditional methods into directives causes a series of disturbances which can renew their classic analysis. Inversely, new processes stemming from the construction of the internal market and present within the directive are likely to enhance private international law theory. This analysis sheds light on the diversity of private international law methods embedded in European directives
Keys, Alexander. "Une Union de droits parallèles : la portabilité des régimes juridiques dans la législation de l’Union européenne". Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0425.
Pełny tekst źródłaDespite the specificities of the European Union’s political set-up, the operation of EU law has generally been relatively traditional, in the sense that EU law mandatorily applies to all. These last few years, however, a body of atypical law has been created which is applied optionally and therefore exists in parallel with national law. Legal regimes applicable by choice in this way essentially fall into two categories. Firstly, there are optional instruments of EU law, which can be chosen as an alternative to national law. Secondly, in some cases, EU law allows a choice of the national law to be applied to a given situation. In both cases, the expression of a choice leads to the portability of the chosen legal regime across the EU. This thesis aims to address various issues surrounding this phenomenon: by analysing the political reasoning which has led to the creation of a right to choose, by looking at the true impact of the use of the right to choose in terms of the real autonomy of optional instruments and the extent of the freedom to deviate from the national law applicable by default, and by evaluating the level of usage of these unusual legal instruments
Keys, Alexander. "Une Union de droits parallèles : la portabilité des régimes juridiques dans la législation de l’Union européenne". Electronic Thesis or Diss., Bordeaux, 2018. http://www.theses.fr/2018BORD0425.
Pełny tekst źródłaDespite the specificities of the European Union’s political set-up, the operation of EU law has generally been relatively traditional, in the sense that EU law mandatorily applies to all. These last few years, however, a body of atypical law has been created which is applied optionally and therefore exists in parallel with national law. Legal regimes applicable by choice in this way essentially fall into two categories. Firstly, there are optional instruments of EU law, which can be chosen as an alternative to national law. Secondly, in some cases, EU law allows a choice of the national law to be applied to a given situation. In both cases, the expression of a choice leads to the portability of the chosen legal regime across the EU. This thesis aims to address various issues surrounding this phenomenon: by analysing the political reasoning which has led to the creation of a right to choose, by looking at the true impact of the use of the right to choose in terms of the real autonomy of optional instruments and the extent of the freedom to deviate from the national law applicable by default, and by evaluating the level of usage of these unusual legal instruments
Durrant, Emmanuelle. "La législation sur les équipements électriques et électroniques : un scénario d'optimisation de la gestion des déchets en Europe ?" Nantes, 2007. http://www.theses.fr/2007NANT4020.
Pełny tekst źródłaThe management of household wastes by local authorities is no longer the only option. Producers can stand in for local authorities as provided for by the principle of extended producer responsibility. In the case of waste electrical and electronic equipment, the Community legislation carnes - even though the responsibility can be shared - a responsibility to the producers of electrical and electronic equipment for the products they put on the market. Producers are responsible for managing used equipment and the legislation urges them to create electrical and electronic equipment that take into account their end of life and, in a broader sense, their life-cycle. Waste managing gets more complex as the waste becomes a source of resources that contributes to its rehabilitation. Although the Community legislation about electrical and electronic equipment may appear favourable in regards to an optimised waste management, a generalisation of its method for all the wastes cannot be realistically achieved. We must take into account that the principle of extended producer responsibility on which the system of electrical and electronic equipment waste management is based is merely an economical instrument available for the public authorities
Guilloud, Laetitia. "La loi dans l'Union européenne : contribution à la définition des actes législatifs dans un ordre juridique d'intégration". Université Pierre Mendès France (Grenoble), 2007. http://www.theses.fr/2007GRE21022.
Pełny tekst źródłaDespite their nameless character, it is possible to notice the existence of statutes within the European Union. However, this assertion implies to go against the usual organic definition of statutes in Members States. The original identification of a statute by its author (the Parliament) had to be reconciled with practical requirements whose consequences are that statutes are no longer the elected representatives' monopoly. Not only do they work in collaboration with other organs, but some Constitutions allow Parliament to delegate its legislative competency to the executive organs. As a result, the statute is no longer identified with its author, but by its rank within the hierarchy of norms, the latter of which is based on its superiority. The emergence of European statutes rests then on the jurisprudential distinction between basic rules and implementing rules. The hierarchy thus introduced between the different norms of secondary rules reflects the progress of juridical integration in the European Union legal order, which tends to be structured according to comparable modalities in the national legal orders. Legislative function is however shared between the different European authorities, which reveals the coexistence of distinct principles of legitimacy in the European Union and fosters the criticisms concerning the democratic deficit. The relevance of those criticisms can be questioned, as the European Union tends to develop its own democratic operating mechanisms
Blanc, Didier. "L'institution parlementaire face à la fonction législative communautaire : aspects du déficit démocratique". Paris 2, 1999. https://acces-distant.sciences-po.fr/http/www.harmatheque.com/ebook/les-parlements-europeen-et-francais-face-a-la-fonction-legislative-communautaire-aspects-du-deficit-democratique.
Pełny tekst źródłaThe denunciation of the democratic deficit is a central theme of the community construction. European parliament, often confined to a consultative role and yet in a strong position because of its legitimacy, campaigned from an early stage in favour of the resorption of democratic deficit. The demands of ep were highligted after he was elected by direct universel suffrage in 1979. Hereafter, every time treaties were revised, ep participation has increased steadily. The sea and teu enlargened the legislative duties of the ep, which reflected the institutional balance. The treaty of amsterdam follows this perspective by giving the ep the means to reach a share in a legislative function. The french parliament was slower to react but it follows the main stages in the building of ec to such an extend that its fate appears to be intertwined with that of the ep. Therefore parliamentaries delegations for the ec responsible for informing the senat an l'assemblee nationale, were set up after the 1979 elections while the reform of these delegations in 1990 is a consequence of sea. The revision of constitution of 1992, prior to the ratification of teu, allowed for a control of government's action regarding community matters through article 88-4 of the constitution. Evidently the future constitutional revision which is necessary before the ratification of the treaty of amsterdam is a guarantee for the french parliament that the question of its abilities will be reexamined. Nevertheless, the juridical instruments which the french and european parliament detain have reached a qualitative threshold which leads to believe that their future actions will be more centered on quantitative improvments of their respective powers
Simonnet, Sylvie. "L'allaitement artificiel vu au travers de la législation française et de la directive européenne du 14 mai 1991". Université Louis Pasteur (Strasbourg) (1971-2008), 1992. http://www.theses.fr/1992STR1M175.
Pełny tekst źródłaFavre, Didier. "De l'homogénéité européenne dans l'insuffisante protection de la vie privée". Montpellier 1, 1992. http://www.theses.fr/1992MON10012.
Pełny tekst źródłaHenry, Laurence-Caroline. "La concurrence et la politique communautaire du transport aérien". Nice, 1991. http://www.theses.fr/1991NICE0007.
Pełny tekst źródłaCemalovic, Uros. "Le mouvement d'unification du droit des marques dans l'union Européenne". Strasbourg, 2010. https://publication-theses.unistra.fr/public/theses_doctorat/2010/CEMALOVIC_Uros_2010.pdf.
Pełny tekst źródłaThe need to create and develop legal mechanisms to ensure international protection of trademarks becomes imperative in the context of the principle of territoriality of intellectual property rights. The administrative procedure for trademark registration by national authorities and their validity in the context of national legal systems have imposed a geographical limitation of the protection: the right conferred by a national trademark is a territorial monopoly. That is why the first international efforts, beginning with the Paris Convention, aimed to create intergovernmental arrangements to facilitate the protection of trademarks in several states. The trademark remained a territorial monopoly, but its international registration became possible. In other words, the requirements imposed by the economic development of international trade have not put in question the principle of territoriality. It was not until the creation of the European Economic Community to send up a true supranational trademark. The harmonization of the national legislations of the EU Member States on trademarks – analyzed in the first part of our study - and the creation of a uniform European Trademark - considered in its second part - are two processes that are separate and parallel, but also deeply interdependent and interrelated. This thesis seeks to examine the legal nature of these processes and to demonstrate that they are part of a unique movement
Miqueu, Claude. "La nécessaire évolution de la gouvernance des cycles de l'eau : exemples, dans le bassin de l'Adour, de l'évolution juridique, territoriale et fonctionnelle des gestions des milieux aquatiques du grand et du petit cycle de l'eau". Perpignan, 2014. http://www.theses.fr/2014PERP1190.
Pełny tekst źródłaThe European Water Framework Directive, its daughter directives and their transposition into French law, territorialise water policy via water bodies; and demand results in terms of good water status within a restricted timetable and using an integrated, balanced and sustainable management of the resource in each basin. Drawing on examples from the Adour basin, this paper studies the necessary legal evolution in the management of water and aquatic environments. Water policy (protection, exploitation and management) is of general interest, but it is also heavily influenced by other policies: concerning notably agriculture, industry and tourism. To fail to address all these with a systemic cross-sector approach is to deprive us of global solutions – which risks us not fulfilling our obligation to obtain results. In addition, the new governance of the short and long water cycles, now joined, is defined in three dimensions: legal, political and financial. It must evolve in the context of a modernisation of public activity, in order to resolve today’s complexity “dysfunctional” caused by the difficult interaction between residents, local authorities, consumers and the state. The proposed legal solutions, within a simplified procedural framework, must be organised around an assertive state, giving the lead, accompanied by an organisation based on partnership and infra-territorial operations, and shared management
Cagnina, Catherine. "L' Europe et la décentralisation sous l'éclairage des exemples franais et italien : L'application des dispositions communautaires en matière de décentralisation en France et en Italie". Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/out/theses/2007_out_cagnina_c.pdf.
Pełny tekst źródłaEurope recognizes the decentralization in France and in Italy, as far as on the one hand the territorial authorities are the beneficiaries of principles and actions and as far as on the other hand the territorial authorities are subjects of the European interadministrative relations and of the Community legal order. The decentralization is modeled by the European Union, since numerous measures enter the local administration and impregnate the juridical system of the territorial authorities, but also frame the decentralization which must not be a hindrance to the functioning of the European Union. In consideration of the difficulty to set up a European status of local administration, the European Union has chosen to support the decentralization in the Member States, from which the will of entire decentralization can ensue. And moreover, the European Union wishes to succeed in strengthening the decentralization by strengthening the democracy
Boucherie, Véronique. "Etudes cliniques, l'harmonisation ? : analyse des recommandations à partir d'un exemple en pathologie cardio-vasculaire". Paris 5, 1995. http://www.theses.fr/1995PA05P219.
Pełny tekst źródłaRaingeard, de la Blétière Emmanuel. "Les relations entre le droit communautaire et le droit fiscal international : nouvelles perspectives". Paris 1, 2008. http://www.theses.fr/2008PA010264.
Pełny tekst źródłaLefevre, Silvère. "Les actes communautaires atypiques". Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32003.
Pełny tekst źródłaThe atypical acts adopted by the EC institutions consist of all the legal instruments that differ from the ones listed in article 249 of the EC Treaty. At first sight many uncertainties appear in relation to this category. First, it is not always apparent what legal instruments are actually included. Second, only a negative definition seems possible. Third, the rules governing their adoption and application are hard to ascertain. This study tries to clarify this situation by providing a more positive definition based on the functions that such instruments fulfill. This approach leads to a classification depending on whether they participate in the internal organization of the Community, or constitute “administrative guidelines” aimed at facilitating the implementation of community law. This in turn allows for a better understanding of the rules governing their adoption and application, but also identifies a certain number of weaknesses in the present system
Darragi, Skander. "L' évolution de la coordination communautaire de sécurité sociale". Montpellier 1, 2008. http://www.theses.fr/2008MON10032.
Pełny tekst źródłaThe beginning of the coordination of the social security systems started with the setting up of Regulation number 3 of 1958. It was meant to improve the mobility conditions of workers and people in general, through fundamental principles such as the lex loci laboris, equality between citizens and non citizens and validation of all the working periods achieved in the Union countries. This last principle allows for instance the worker to receive a pension in his native country even if he had never worked in it. However the 1958 text concerned at the outset only the workers of the first founding countries whose social security systems were more or less similar. Therefore it became in 1971 Regulation number 1408/71, which, in its turn, more than thirty years later, had to be modified. The successive enlargements of the Union territorial space due to the inherent evolutions of daily life on both the judicial and the social levels, have led to the modification of the 1971 text which, according to the observers, has by now become a little too complex. Hence the setting up of Regulation number 883/2004 of April 29, 2004, about the coordination of the social security systems. Yet coordination does not mean harmonisation. As a matter of fact, this differenciation is established within the present thesis in relation with both the law of The Council of Europe and the social security international law
Mansouri, Karima. "Lesmédicaments génériques". Paris 8, 2000. http://www.theses.fr/2000PA081879.
Pełny tekst źródłaRooz, Delphine. "L' intégration du droit de l'Union européenne et le droit français des contrats". Paris 1, 2012. http://www.theses.fr/2012PA010319.
Pełny tekst źródłaCiuta, Carmen. "La révision des arrêts de la Cour européenne des droits de l'homme". Electronic Thesis or Diss., Montpellier, 2018. https://buadistant.univ-angers.fr/login?url=https://www.stradalex.eu/fr/se_mono/toc/REVARCOEU.
Pełny tekst źródłaNot included in the European Convention on Human Rights, but provided for by the Rules of Court, the revision of its judgments appears as an exceptional procedure that, at first glance, does not raise particular issues. However, being amongst the procedures belonging to the human rights protection system, it must be determined what role revision may play in such a system. In this respect, the examination of the judgments delivered by the Court following the requests for revision submitted to it points out that the provision governing revision is likely to give rise to a thorough reflection, even though the number of judgments in this area is not impressive. Indeed, the issues raised in the procedures for revision involve a careful reading of the before-mentioned provision, whose potential should not be underestimated
Sergheraert, Eric. "Conditions de fond de la brevetabilité et étendue de la protection des inventions portant sur les séquences géniques : la vision européenne". Lille 2, 2005. http://www.theses.fr/2005LIL20017.
Pełny tekst źródłaThe work in this thesis deals with the European legislation on the patentability of gene sequences. Directive 98/44/EC of the European Parliament and the Council states that inventions patentability criteria are fulfilled. The following patentability criteria are applied by the European Patent Office to inventions undergoing exemination : inventiveness, novelty, inventive step (non-obviousness), industrial application, sufficiency of disclosure as well as morality and public order. Among these criteria, the inventive step plays a major filtering role in the assessment process. Application of this strict criterion can lead to unpatentability of some elements of human body. In the past, patentability of gene could stem from the isolation techniques used in the process. But nowadays, in many cases, the inventive step would most probably depend on the scientific and technical information connected to the isolated gene or the difficulties and complications met with the isolation of the gene
Gautier, Yves. "La délégation en droit communautaire". Université Robert Schuman (Strasbourg) (1971-2008), 1995. https://publication-theses.unistra.fr/restreint/theses_doctorat/1995/GAUTIER_Yves_1995.pdf.
Pełny tekst źródłaIn this thesis, three moments has seen observed. First we have depined delegation. Basis's definition : representation whide way be "perfect" or not. Secoudly, we try to apprehend relations between community and member states, using delegation. We establish that community's powers are not delegated by member states. Community's powers has been transpered by members states but they are new, not delegated. Secondly, we try to know if the community may delegate powers to member states (for example, regulation's execution by member states; directives's execution by member states). We establish that hypothesis where community delegate powers to member states are exceptionals in a thrird way, we apprehend "horizontal delegations", that's to say between conucil and commission, "intra institutionals" delagation, and delegation to an internal or an external bodies. Were concluded that delegation is, in europeen waw, specific (ef. Control of the delegation's author)
Panait, Romana. "La lutte contre la criminalité transnationale organisée comme reflet du processus d'adhésion de la Roumanie à l'Union européenne". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010333.
Pełny tekst źródłaRomania's request for accession to the European Union launched a process of constant and extensive examination of its capacities to integrate. In order for the country to satisfy the European requirements, the European Union imposed a series of criteria to be respected and obligations to be fulfilled. The country found itself completely transformed after the transposition of the European acquis. The Romanian legal system was fundamentally reshaped and, in this context, an evaluation of the Romanian legislation before and after the accession displays a particular high rate of transformations in the criminal field. This transformation of the criminal field in its entirety is best expressed by the profound change of the legislation concerning the transnational organized crime. From a point of almost complete lack of rules in this field, the implementation of the European acquis caused a real “bursting” of the Romanian legislation concerning the fight against transnational organized crime. The duty of the Romanian authorities during the process of accession to the European Union to adopt a new legislation regarding the fight against transnational organized crime which satisfies the European requirements was followed by the challenge of adapting this legislation to the Romanian realities in order to make it function on daily basis
Belveze, Corinne. "Construire une influence dans les interstices de l'Union Européenne.Mobilisation et place des collectivités territoriales européennes dans les textes adoptés en procédure législative ordinaire (paquets "économie circulaire" et "énergie propre pour tous les européens")". Thesis, Paris Est, 2020. http://www.theses.fr/2020PESC1020.
Pełny tekst źródłaDo local and regional authorities have an influence on texts adopted in ordinary legislative procedure at European level? Focusing on energy and waste and adopting a definition of influence as the extent to which authorities are taken into account in the successive drafts, the thesis follows the way in which this type of actors mobilizes and tries to influence the Community legislative process throughout its development (from its preparation within the European Commission to trilogues and the adoption of texts). To do so, it relies on a methodology centered on "text writers" and combining process-tracing, attributed influence and textual analysis.Our research shows that, depending on the case at stake, local and regional authorities can be more or less influential, at all levels of the legislative process, and are not necessarily supported by the Commission or the Parliament as an institution. If certain political groups, segments of the Commission or Member States seem more inclined to give them their support depending on the issues (with variability including within each sector), the authorities are actually faced with two obstacles: the interpretation of the principle of subsidiarity by legislators and the objective of a competitive European internal market.In cases where we find, despite of these obstacles, a strong influence of local and regional authorities, we identify specific formulations in legislative texts that make it possible to circumvent these obstacles, and which we have called "editorial parries". We highlight two types of them in our case studies: “parries by mixing”, which consist in integrating local and regional authorities into a larger private category, and “parries by invisibizing”, which avoid mentioning authorities and their role. These "editorial parries" suggest that local and regional authorities enjoy a step-by-step and relatively low profile influence in the texts, but still real
Thebaud, Edern. "Les produits-frontière dans la législation alimentaire de l'Union européenne: émergence d'une santé alimentaire entre logique du marché intérieur et exigences de sécurité". Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209577.
Pełny tekst źródłaDoctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Mascret, Caroline. "Le médicament d'automédication, objet de droit communautaire". Lille 2, 2003. http://www.theses.fr/2003LIL2P001.
Pełny tekst źródłaChavarochette-Boufferet, Séverine. "L' interprétation des directives de l'Union sur les marchés publics par la Cour de justice". Paris 1, 2013. http://www.theses.fr/2013PA010258.
Pełny tekst źródłaHaddad, Raymond. "La problématique de la gestion des déchets dans le droit communautaire de l'environnement". Thesis, Artois, 2011. http://www.theses.fr/2011ARTO0301.
Pełny tekst źródłaThe mass of waste that remained negligible during the early millennia of human experience, dangerously increased with the industrial revolution and the advent of the consumer society. Wastes can henceforth destroy the laws of nature. They cause serious and irreversible degradation of the environment and major technological risks.Given this reality, the community law of the waste and the jurisprudence of the Court of Justice had implemented three immune systems. They can be designated by the terms of metaphysics immunity, representing a system of values, legal immunity, corresponding to coercion, solidarity, information and participation, and biological immunity ensuring the maintenance of corporeality.This environmental advance has been partially undermined by the merchandising of waste. Indeed, the dominant feature of the merchandise is the abstraction, which extends to everything surrounding the merchandise form. Thus, the abstract merchandise value is only capable of quantitative differentiation as opposed to the qualitative of the environmental advocates. This abstraction allowed exceeding legal and metaphysical thought that disdains the residues, but it imposed a spatiotemporal process that determines the forms of thought harmful to the balance of the natural environment
Rochereuil, Katia. "Les accords bilatéraux de l'Union européenne". Thesis, Paris 5, 2013. http://www.theses.fr/2013PA05D001.
Pełny tekst źródłaThe different bilateral agreement is a tool for the European Union to wide its external competences. This illustrates it voluntarism but even more it pragmatism of it external action, what is not without raise problems.The harmonization of bilateral agreements is a very strong need. This rationalization should be hold by an institutional scheme and by a reformulation of legal basis
Ferri, Federico. "Green economy et droit de l'Union européenne : discipline et perspectives juridiques". Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA011/document.
Pełny tekst źródłaThe subject of the thesis is the green economy within European Union (EU) Law; the research thus deals with a theme which started been considered only recently. Therefore, the main purpose of the thesis is to define a juridical framework for the green economy within the EU, by studying the meaning of this concept, identifying links with the EU primary Law, examining the way the EU uses its (secondary) law to boost the transition to such model, and prospecting possible (or desirable) scenarios which might appear as a consequence of the taking into consideration of the green economy by the EU itself
Glanert, Simone. "De la traductibilité du droit". Paris 1, 2009. http://www.theses.fr/2009PA010300.
Pełny tekst źródłaScoppio, Maria Elena. "La notion d'établissement stable : l'influence de la législation internationale et de la jurisprudence communautaire sur les systèmes juridiques nationaux : les expériences italienne et française". Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30001.
Pełny tekst źródłaThe two notions of permanent establishment valid in the fields of direct and indirect taxation appear different : in the field of VAT the Court of justice of European communities interprets article 9 of the Sixth directive referring to elements that are absent in article 5 of the OECD model convention against double taxation. Furthermore, permanent installations of automatic structures are considered as permanent establishments for the purposes of direct taxes, while this is not the case for VAT. Some differences appear also comparing Italy, where an autonomous notion of permanent establishment in the field of indirect taxation is denied, and France, where the two notions are considered as different. The discrepancy between the two notions would be enhanced whether the ECJ would follow the opinion of the AG Poiares Maduro in the case C-255/02 Halifax, on the application of the abuse of right to VAT, since this principle would only apply to VAT and not also to direct taxes
Mathieu, Benjamin. "Directives européennes et conflits de lois". Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020095.
Pełny tekst źródłaEuropean Union law frequently utilizes from techniques elaborated and continuously improved by the conflict of laws science. Secondary law in general, vector of the legal integration of Member states is the source of an increasing number of private international law measures. In particular, European directives leverage the various methods of private international law designed by the respective national laws a long time ago. In these specific norms, conflicts resolution instruments are repositioned to serve the objective of European construction and therefore have their secular purpose redefined. Thus, both the objectives and the origins of rules relative to the conflict of laws are altered in the European context. As two level laws, directives have specific constraints, which can disrupt how private international law mechanisms operate. The present study aims at explaining the influence of the directives on the conflict of laws from the private international law methods standpoint. It tends to show that these texts and methods operate in a reciprocal influence model. The integration of the traditional methods into directives causes a series of disturbances which can renew their classic analysis. Inversely, new processes stemming from the construction of the internal market and present within the directive are likely to enhance private international law theory. This analysis sheds light on the diversity of private international law methods embedded in European directives
Zhou, Yuanzhi. "L'harmonisation des législations de l'insolvabilité bancaire : utopie ou nécessité ?" Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D010/document.
Pełny tekst źródłaThe systemic risk of the financial failure of the banking institutions has overturned profoundly the limits of the competence of the national legislations. Though the banking activities have the characteristics that serve the general interest, the great disparity between those jurisdictions creates the instability of the national and international markets. However, the major jurisdictions whichever the Europe, the UnitedStates or the China, have revealed overall convergence in preventing or resolving the risk of the bank failure, in a “lex argentariae” of a group of professionals that are homogeneous. The comparative analysis of those legislations that prevails the intervention of the administrative authority has clearly indicated the economic and financial needs, while the judges on bench, though of being subsidiary, continue to impose the solutions that has the authority erga omnes, and maintain their core functions, particularly the protection of the individual rights and freedoms. In order to surmount the utopia of a unified international legislation, the analogy of the solution has raised another important question, which is, the global coordination of the administrative and judicial intervention. These thoughts are confirmed by the evolution of the European Banking Union and of the activities of Chinese banks abroad
Ciuta, Carmen. "La révision des arrêts de la Cour européenne des droits de l'homme". Thesis, Montpellier, 2018. http://www.theses.fr/2018MONTD017.
Pełny tekst źródłaNot included in the European Convention on Human Rights, but provided for by the Rules of Court, the revision of its judgments appears as an exceptional procedure that, at first glance, does not raise particular issues. However, being amongst the procedures belonging to the human rights protection system, it must be determined what role revision may play in such a system. In this respect, the examination of the judgments delivered by the Court following the requests for revision submitted to it points out that the provision governing revision is likely to give rise to a thorough reflection, even though the number of judgments in this area is not impressive. Indeed, the issues raised in the procedures for revision involve a careful reading of the before-mentioned provision, whose potential should not be underestimated
Sjöden, Eric. "Les raisons impérieuses d’intérêt général en droit de l’Union européenne". Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020058.
Pełny tekst źródłaThe mandatory requirements in the European Union law are reasons who can justify restrictions to the differents freedom of movements. So, those mandatory requirements are a justification method. An essentially jurisprudential justification method because it is the Court of justice who theorized it. It established thoses reasons in the Cassis de Dijon case, extended their application to every free movements and regulated their application. So, those mandatory requirements are also subject to the will of the Court and to its uncertainties. Therefore, if the jurisprudence is uncertain about interests named as mandatory requirements and even conflicting about its conditions, the mandatory requirements are an essentially jurisprudential justification method. Although, if some European Union law texts resume the jurisprudential made theory, they are truly loyal to the jurisprudence. Those texts, both primary and secondary law, pick up essential elements of the theory, in particular the conditions created by the Court. But those texts also copy the Courts imperfections about the theory. They even have a border between mandatory requirements and other justification methods equally blurred in the texts and in the jurisprudence. Thus, despite the retake of the theory of mandatory requirements in texts, this justification method stays essentially jurisprudential
Baudin-Maurin, Marie-Pierre. "L'accès au mariage dans les législations européennes". Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32023.
Pełny tekst źródłaMarriage is a fundamental institution of society. Its legal regulation has a great influence upon the nature and the characteristics of lawful families - whose main mission is to bring up properly the new citizens to come -, like upon the family institution itself, and, therefore, upon the future of the entire society. One must especially take care of the quality, and the clearness, of the legal regulation of the right to marry, which is primordial for several reasons. The european will to abolish boundaries makes the idea attractive of making uniform, purely and simply, the different national legal regulations of the substantial conditions to be observed by two european persons in order to be allowed to marry. But the special nature of matrimony subject, and national particularisms, especially concerning languages, make that aim impossible to be reached, at the present time. It would be better to set up a lasting cooperation between european lawyers, who would make together their best to realize a common comparative study of their respective laws, in order to become able to improve each of them, and probably, in the same way, to lead all of them to join, gradually
Paillissé, Eric. "Le droit à la santé dans la jurisprudence de la Cour européenne des droits de l'Homme". Thesis, Perpignan, 2018. http://www.theses.fr/2018PERP0018.
Pełny tekst źródłaThe European Convention on Human Rights (ECHR) does not guarantee the Right to health. Because of its largely liberal nature, the ECHR aims at ensuring an effective protection of civil and political rights at European level. The European Court of Human Rights (ECoHR) has shown caution when dealing with the economic and social field, which is essentially theresponsibility of States and their legislative policy. With significant cases and applications increasing, the Court has found that conventional rights have a health component, which sometimes conditions the actual exercise of those rights. Thanks to its dynamic interpretation, the ECoHR has built up a significant legal corpus on health issues. In order to reflect socialrealities, the European judge initially developed an obligation to protect the health of the most needy individuals. Beyond these aspects, the ECoHR has committed itself to a redefinition of the way in which the right to health must be exercised. The Court is thus progressively positioning itself in terms of health promotion. By doing this, the European judge becomes an important key player in the development of a European right to health
Lorne, Ingrid. "La notion d'harmonisation des législations en droit communautaire : l'exemple du droit de la propriété intellectuelle". Université Paris-Est Créteil Val de Marne (UPEC), 2002. http://www.theses.fr/2002PA12A002.
Pełny tekst źródłaRochdi, Gabrielle. "L'harmonisation européenne des législations nationales relatives aux produits agro-alimentaires". Poitiers, 1994. http://www.theses.fr/1994POIT3016.
Pełny tekst źródłaAs in other sectors, the implementation of the single european market in the agricultural and food market meant initially a suppression of all non-tarif obstacles to exchanges. To that effect, the european harmonization of all national legal systems showed itself a prime instrument in the fight against the remaining normative disparities within the ec that being said, in that particular field, the major question to be answered was : what rules and regulations are to be applied. . . In 1988, the european court of justice was to offer a final answer by stating that the agricultural legal basis of article 43 was sufficient enough as long as the regulation taken into account concerned "agricultural" products as meant by the treaty of Rome ( article 38 ) and also by answering one of the aims of the common agricultural policy (article 39). Contrarily, the legal base of article 100a would be required. Basically the new point is that the process of coordination of the legal systems must now be limited to the sole definition of essential requirements. For the remainder, the principle of mutual acceptance is to be applied. It so appears that the european harmonization of the national legal system related to agricultural and food products has in a first step primarily been concerned with establishing common standards on either health protection or on the protection of european consumers. For instance, veterinary and phytosanitary regulations had to be implemented as well as regulations concerning additives, wrappings or any material in contact with food products. It was also of prime importance to regulate the labelling and the control of food productsaf i
Delhoste, Marie-France. "L'indépendance des législations : un principe jurisprudentiel controversé à contrecourant de l'évolution législative : étude dans le cadre des polices administratives spéciales". Toulouse 1, 1999. http://www.theses.fr/1999TOU10071.
Pełny tekst źródłaGridchyna, Inna. "Utilisation de la norme juridique comme instrument de régulation du marché des médicaments innovants en Europe et en France". Thesis, Bordeaux 2, 2012. http://www.theses.fr/2012BOR21951/document.
Pełny tekst źródłaInnovation improves the health of patients, and it is also important for economic development of the pharmaceutical sector. Despite its importance, the definition of this concept in the field of healthcare is very complicated. In our work we provide answers to the definition of the term "innovative drug" from European community and national perspectives. Then we analyze the use of legal norms in regulating the market of innovative medicines. The European Union and France have policy initiatives encouraging research of innovative drugs. Legal standards are used to organize early access to promising drugs, they also serve to promote the discovery of innovative drugs, as well as play an important role in the development of these drugs. A comparative study between France and England showed the tendency in using the same tool regulating the market of innovative drugs. Finally, in the field where innovation is not defined by the users a legal framework plays a crucial role, and considering current budget constraints, its role is strengthened
Thiery, Sylvain. "Les actes délégués en droit de l'Union Européenne". Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G005.
Pełny tekst źródłaDelegated acts have been introduced into European Union law following the adoption of the Lisbon treaty. Defined by article 290 TFEU as “non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act”, delegated acts appear prima facie as an instrument of implementation of EU law, in continuity with the comitology that existed before the Lisbon treaty. However, delegated acts differ from the implementing acts as defined by article 291 TFEU which are adopted “where uniform conditions for implementing legally binding Union acts are needed”. Delegated acts thereby seem to be excluded from executive function. Instead, they should by deduction take part in the exercise of legislative function. This hypothesis is however not evident since delegated acts are referred to as “non-legislative acts”. The purpose of this thesis is to clarify this apparent contradiction and demonstrate that the aim of the delegation procedure under article 290 TFEU is to transfer a legislative power from the European Parliament and the Council to the Commission. This thesis assesses the institutional and substantive implications of delegated acts and their effects on the normative production of the Union
Muñoz, Ureña Hugo Alfonso. "Principe de transparence et information des consommateurs dans la législation alimentaire européeenne". Nantes, 2010. http://www.theses.fr/2010NANT4013.
Pełny tekst źródłaThe protection of human health and the protection of consumers' interests are both general objectives of the European food legislation. Consumers' information's a key rote to achieve these objectives. Consumers can make informed choices based in the information that is given to them. So, freedom of choice makes consumers responsible for the protection of their own interests and health. In order to accomplish the general objectives of food legislation, transparency is fundamental. If transparency is not sufficient, consumers have to make a non-well informed choice, which means that objectives would not be achieved and also, that consumers would be unfairly forced to assume more responsibility. All throughout this piece of work, we analyze if transparency in food legislation is "sufficient" to attain its objectives. Therefore, in the first part, transparency about food stuff is analyzed, which helps consumers to protect their interests. In the second part we analyze transparency about food risks, which helps consumers to protect their health
La legislación alimentaria europea tiene como objetivos la protección de la salud de las personas y de los intereses del consumidor. En vista de la realización de estos objetivos, la información del consumidor juega un papel importante. Con fundamento en la información que se le proporciona, éste puede escoger en conocimiento de causa. La libertad de escogencia hace que el consumidor sea responsable de la protección tanto de su salud como de sus intereses legitimos. La transparencia es fundamental para el cumplimiento de los objetivos generales de la legislación alimentaria. Si la transparencia no es suficiente, el consumidor deberá escoger sobre la base de informaciones incompletas, lo que no permitiría alcanzar los objetivos propuestos y generaría, además, su "responsabilización". A lo largo de este estudio se analiza si la transparencia en la legislación alimentaria es suficiente para cumplir sus fines. En la primera parte del trabajo se estudia la transparencia sobre los alimentos, la que se orienta principalmente a la protección de los intereses del consumidor. En la segunda parte se trata el tema de la transparencia sobre los riesgos, la que permite al consumidor proteger su salud